Criminal
The 1974 Criminal Code applied by a largely non-national judiciary
The Codice penale of 1974 and its procedural companion govern criminal matters, heard by the Tribunale Unico. Most judges are foreign nationals, a deliberate design to secure impartiality in a very small community.
Key rules
- The Commissario della Legge conducts the investigation and decides at first instance.
- Appeal lies to the Giudice d'Appello, with a further limited third instance.
- Judicial office is largely reserved to non-citizens to avoid conflicts of interest.
Governing law
- Codice penale (1974)
- Codice di procedura penale
Penalties and consequences
- Imprisonment graded by degree, with no death penalty.
- Daily fines, disqualification and confiscation of proceeds.
In practice
Money-laundering and tax-cooperation reforms after 2009 rebuilt San Marino's financial crime framework and mutual legal assistance practice.